Appeal No. 1996-1080
Application No. 07/869,111
with Faubl and Kirk-Othmer (Answer, page 3). We affirm these
rejections for reasons which follow.
OPINION
A. Background
According to appellants, this application is a
continuation of application no. 07/094,888 (hereafter, the
‘888 application), now abandoned. The claims of the ‘888
application were finally rejected and this final rejection was
appealed to the Board of Patent Appeals and Interferences
(hereafter, the Board). A merits panel of the Board issued a
decision dated Dec. 17, 1990, Paper No. 20, as a result of
this appeal (Appeal No. 90-3119), affirming the examiner’s
rejections of claims 1 through 3 under 35 U.S.C. § 103 over
Faubl and Watanabe, with the reference to Kirk-Othmer newly
cited by the Board. This decision was later clarified in a
Supplemental Decision dated Jan. 25, 1991, Paper No. 22, and
modified after a Request for Reconsideration by reversing the
examiner’s rejection and denominating the rejections set forth
in the original decision as new grounds of rejection under 37
this reference against claim 3 (also see the correct citation
in the “Prior Art of record” on page 2 of the Answer).
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